If a lessor terminates a contract and does not leave the tenant as requested, the lessor cannot evacuate the tenant, but ask the court for an order on the empty possession of the premises [Residential Tenancies Act 1995 (SA) s 93]. If the court admits the order, it will be enforced as soon as possible by a judicial officer [s 99]. A serious breach of a lease is one of the reasons for the termination of the lease, either by notification to the other party or by a request to the South Australian Civil and Administrative Tribunal (SACAT). As a general rule, dismissals are by termination for less serious offences or where an offence can be corrected (fixed). In some cases, the right to terminate may be available both by prior notification and by application. As a general rule, when a tenant accepts a temporary rent, usually for 6 months or 1 year, the tenant agrees to be responsible for the rent for that period. When the tenant has emptied the premises before the term of the contract expires, the tenant generally remains responsible for paying the rent for the duration of the lease (provided that the lease is not in a jurisdiction allowing the tenant to prematurely terminate an early termination of a fixed-term lease). If the landlord can rent the premises again before the end of the tenant`s lease, the broken tenant is usually no longer obliged to rent, as the landlord cannot cash in double the rental for the premises. Tenant Information The landlord must also ensure that the tenant receives a copy of the South Australia Rental Information Brochure before moving in. The brochure informs the tenant of the rights and obligations of the landlord and tenant as part of the agreement. However, owners are required to submit the agreement in writing and keep a copy of the contract for 2 years after the lease is terminated.
Only the owner can bear the cost of establishing a written agreement. Owners must provide each tenant with a copy of the contract when the contract is signed. If, intentionally or lightly, the tenant causes serious damage to the premises or damage to the landlord or persons in adjacent premises, a lessor may terminate a lease agreement [s 87(2)].